Being hit by a commercial truck can leave you dealing with much more than a damaged vehicle. You may have injuries, medical bills, lost income, and a long recovery ahead. If the crash happened in Philadelphia, you may also find yourself dealing with a trucking company and its insurance provider before you fully understand what happened.
The size of commercial trucks is part of the problem. Federal Motor Carrier Safety Administration data shows that in 2022, 82% of people killed in fatal crashes involving large trucks were not occupants of the truck.
After a serious crash, what you say to an insurer can affect how your claim is handled. Before giving a recorded statement or discussing a settlement, take these five steps.
1. Get medical care and follow up on your injuries
Your first priority should be your health. If you were taken to the hospital after the crash, follow the instructions you were given and keep records of your treatment. If you were not seriously hurt at the scene but develop pain, headaches, dizziness, or other symptoms later, get checked by a medical professional.
Truck crashes can cause serious injuries, and some problems may not be obvious immediately. Medical records can also help document what happened and how your injuries have affected you.
Keep copies of hospital records, doctor’s notes, prescriptions, bills, and receipts for other medical expenses. If you miss work because of your injuries, keep records of that too.
2. Preserve evidence from the crash
Do not assume the police report will contain everything needed to understand the accident.
If you are able to do so, take photographs of your vehicle, the truck, road conditions, traffic signs, visible injuries, and the surrounding area. Save the truck’s licence plate and identifying numbers, along with the driver’s name, employer, and insurance information.
Witnesses can also be important. Write down their names and contact information if possible.
The trucking company may have information that is not available to you, including driver logs, inspection records, maintenance records, electronic data, or dashcam footage. In Philadelphia some of this evidence may not remain available indefinitely.
This is where getting a lawyer involved early can make a practical difference. Have truck accident attorney in Philadelphia draft a spoliation letter to the trucking company, putting it on notice to preserve relevant evidence instead of allowing records, electronic data, vehicle components, or other materials connected to the crash to be discarded or overwritten. The sooner that preservation request is made, the less chance there is of important evidence being lost.
3. Avoid guessing about who was at fault
After a crash, you may feel certain about what happened. You may also be angry, confused, or unsure about some details.
Be careful about making statements such as “I should have seen the truck” or “I was probably going too fast.” Even an innocent comment can be taken out of context later.
Truck accidents can involve several potentially responsible parties. The driver may have been negligent, but responsibility could also involve the trucking company, a cargo loader, a maintenance provider, or another party. Kwartler Manus’s truck accident guidance specifically notes that investigations may need to look beyond the driver and examine issues such as maintenance, cargo loading, driver records, and vehicle data.
You do not need to decide who caused the crash on your own. Your job at this stage is to preserve the facts and avoid making assumptions that could later be used against you.
4. Talk to a lawyer before giving the insurer a detailed statement
You may be required to notify your own insurance company about the accident, but that does not mean you need to give a detailed recorded statement to the trucking company’s insurer before getting legal advice.
It’s better to have a truck accident attorney communicate with the insurer on your behalf and help you avoid saying something that could weaken your claim. This can be especially important when the insurer asks questions about your injuries, the accident, or what you believe caused the crash.
There is also a bigger reason to involve an attorney early. If the insurance company refuses to offer fair compensation, your attorney may recommend taking the case to court. Truck accident legal teams such as Kwartler Manus typically prepare truck accident cases for litigation from the beginning, rather than waiting until an insurance dispute has already become a lawsuit. That means the case can be developed with the possibility of trial in mind while negotiations are still taking place.
5. Keep your own record of what the crash costs you
Before speaking with insurers, start keeping a record of the financial and personal effects of the accident.
Save medical bills, repair estimates, prescription costs, insurance correspondence, and receipts for expenses related to your injury. Keep track of missed work and any changes to your ability to earn income.
It can also help to keep a simple record of how your injuries affect your daily life. Pain, difficulty sleeping, missed family activities, and problems performing normal tasks may become relevant when the full impact of an injury is being considered.
Do not post detailed accounts of the crash or your injuries on social media either. Photos or comments posted after an accident can sometimes be viewed without the context you intended.
Takeaway
After a truck accident, an insurance adjuster may contact you quickly. That does not mean you have to rush into a detailed conversation or accept the first offer that comes your way.
Philadelphia generally gives people two years to bring a personal injury lawsuit, although exceptions can apply. That does not mean you should wait two years to act. Evidence can become harder to obtain, and important details can be lost long before a legal deadline arrives.
Get medical care, preserve evidence, keep your records, and get advice before discussing the claim in detail. A few careful steps early on can help you avoid saying something that comes back to hurt your case later.
Tim Williamson, a psychology graduate from the University of Hertfordshire, has a keen interest in the fields of mental health, wellness, and lifestyle.
